beta
(영문) 수원지방법원 2013.10.31 2013노4345

유해화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment with labor for not less than ten months is too unreasonable.

2. It is recognized that the judgment defendant repents the wrong facts and does not repeat the crime, and that the defendant did not repeat the crime for a considerable period after he was punished for the same crime.

However, the lower court’s punishment is too unreasonable in light of all the conditions of sentencing, including the Defendant’s age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., as well as the fact that the Defendant had been already punished several times for the same crime, and the Defendant was deemed to have a habit of inhalehic substances, and the need to isolate the Defendant from hallucinogenic substances for a certain period of time, considering that there is no special circumstance or circumstance to newly consider the sentencing after the lower judgment was sentenced.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.